R v DW; R v KW [2006] NSWSC 118

New South Wales Supreme Court

CITATION : R v DW; R v KW [2006] NSWSC 118

HEARING DATE(S) : 12/12/05, 27/02/2006

JUDGMENT DATE : 3 March 2006

JUDGMENT OF : Buddin J

DECISION : In respect of the offence of affray, order pursuant to s 33(1)(b) of the Children (Criminal Proceedings) Act that each of the offenders DW and KW be released on condition that: 1 he enter into a good behaviour bond for a period of nine months; and 2 he appear before the Court if called on to do so at any time during the term of the bond.

CATCHWORDS : Sentence - affray - pleas of guilty - young offenders - power to deal with matter other than "according to law" exercised

LEGISLATION CITED : Children (Criminal Proceedings) Act 1987 (NSW) Crimes Act 1900

CASES CITED : R v WKR (1993) 32 NSWLR 447

PARTIES : Regina DW; KW

FILE NUMBER(S) : SC 2005/294; 2005/271

PM Miller (Crown) COUNSEL : G Ikners (Offender DW) C Davenport SC (Offender KW)

S Kavanagh (Solicitor for Public Prosecution) SOLICITORS : Katsoolis & Co (Offender DW) North & Badgery (Offender KW)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BUDDIN J

FRIDAY 3 MARCH 2006

2005/294 - REGINA v DW 2005/271 - REGINA v KW

REMARKS ON SENTENCE 1 HIS HONOUR: The offenders stand for sentence in respect of their involvement in an incident in Wilcannia which culminated in the death of a man from head injuries on 4 April 2004. As a result of that incident, Malcolm King, Timothy Bugmy and a juvenile, whom I shall refer to as CJ, pleaded guilty to manslaughter. They have yet to be sentenced. The two offenders, who are also juveniles and whom I shall refer to as DW and KW, each pleaded guilty to the offence of affray. That offence, which is created by s 93C of the Crimes Act 1900, attracts a maximum penalty of 10 years imprisonment when prosecuted on indictment. 2 Originally Malcolm King, Timothy Bugmy, CJ, DW, KW and two other juveniles, whom I shall refer to as MK and EH, were each charged with murder. DW and KW were each charged on 1 April 2004. They remained in custody until their release on bail on 16 June 2005. Shortly before their release on bail the charge of murder in respect of each of DW, KW, MK and EH was "no-billed". They were each then charged with having caused the victim's death in circumstances amounting to manslaughter. 3 A jury was duly empanelled to hear the trial. After the trial had been in progress for a number of weeks, the Crown sought to present a fresh indictment which contained the charges to which the five offenders then entered the pleas to which I earlier referred. The Crown also announced that proceedings in respect of the remaining two accused, namely MK and EH, were to be discontinued. MK and EH were then discharged.